Example: tourism industry

Acknowledgement of Satisfaction of Judgment: After Your ...

>> Home >> Law 101 Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer. Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 874-6012 ACKNOWLEDGMENT OF Satisfaction of judgment After Your Judgment is Paid This Guide includes instructions and sample forms. Links to download the fillable forms are at the end of this Guide. Additional copies of this Guide can be accessed at: BACKGROUND Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must immediately file an Acknowledgement of Satisfaction of judgment (EJ-100) with the court (California Code of Civil Procedure (CCP) ).

, a wage garnishment), the court clerk will enter a satisfaction of judgment when the levying officer returns the writ as satisfied for the full amount of the judgment (CCP § 724.030). In this situation, you do not need to file anything . unless you have also recorded an abstract of judgment t o place a lien on the judgment debtor’s property ...

Tags:

  Satisfaction, Judgments, Ernet, Of judgment, Satisfaction of judgment

Information

Domain:

Source:

Link to this page:

Please notify us if you found a problem with this document:

Other abuse

Transcription of Acknowledgement of Satisfaction of Judgment: After Your ...

1 >> Home >> Law 101 Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer. Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 874-6012 ACKNOWLEDGMENT OF Satisfaction of judgment After Your Judgment is Paid This Guide includes instructions and sample forms. Links to download the fillable forms are at the end of this Guide. Additional copies of this Guide can be accessed at: BACKGROUND Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must immediately file an Acknowledgement of Satisfaction of judgment (EJ-100) with the court (California Code of Civil Procedure (CCP) ).

2 * This form serves as a receipt for full payment of the judgment, and formally closes the case with the court. If the judgment creditor does not immediately file an Acknowledgement of Satisfaction of judgment (EJ-100) when the judgment is satisfied, the judgment debtor may make a formal written demand for the creditor to do so. The judgment creditor has 15 days After receiving the debtor s request to serve the Acknowledgement . If the acknowledgment is not served within 15 days, the judgment debtor may sue the judgment creditor for any damages caused by the failure to acknowledge payment. Damages can include the failure to obtain a loan or employment as the result of an inaccurate credit report; any attorney s fees related to the suit to acknowledge payment; and a statutory award of $100 (CCP ). If the judgment was satisfied by writ of execution ( , a wage garnishment), the court clerk will enter a Satisfaction of judgment when the levying officer returns the writ as satisfied for the full amount of the judgment (CCP ).

3 In this situation, you do not need to file anything unless you have also recorded an abstract of judgment to place a lien on the judgment debtor s property. If you recorded an abstract of judgment , you will still need to file an Acknowledgement of Satisfaction of judgment (EJ-100). * A judgment debtor is also entitled to an Acknowledgement of partial Satisfaction of a judgment (CCP ).This is common if the debtor needs proof of how much has been paid toward a judgment. For more information about partial satisfactions of judgment , see Matthew Bender Practice Guide: California Debt Collection and Enforcement of judgments , KFC 1065 .E5 M38, Chap. 24. Related Step-by-Step Guides Serving Documents by Mail Personal Service You may also Acknowledgment of Satisfaction of judgment >>Home >>Law 101 2 STEP-BY-STEP INSTRUCTIONS Step 1: Complete the Form The Judicial Council form commonly used in this procedure is: Acknowledgment of Satisfaction of judgment (EJ-100) Instructions for completing an Acknowledgment of Satisfaction of judgment (EJ-100) are available at the end of this Guide.

4 This form must be notarized (CCP ), so do not sign it until you are in front of a notary public. Step 2: Make Copies Make photocopies of your unsigned Acknowledgment of Satisfaction of judgment (EJ-100). You will need to obtain several original, notarized copies of this form. The total number you will need depends on your collection efforts. You will need one original, notarized copy for the judgment debtor. If you recorded an abstract of judgment to place a lien against the debtor s real property, you will need an original, notarized copy of your Acknowledgment of Satisfaction of judgment (EJ-100) for each county where you placed a lien. If you were a secured creditor and filed a Notice of judgment Lien (Form JL1) against personal property through the Secretary of State s office, you will need an original, notarized copy of your Acknowledgment of Satisfaction of judgment (EJ-100) to release the lien.

5 Step 3: Notarize Your Forms Sign all copies of the Acknowledgment of Satisfaction of judgment (EJ-100) in the presence of a notary public. The notary will attach their Acknowledgement page to your form. Make two photocopies of the notarized Acknowledgment of Satisfaction of judgment (EJ-100), including the Acknowledgement page. You can photocopy any of your notarized copies, as they should all be the same. One copy is for your records; the other will be filed with the court. Step 4: Have your Acknowledgement Served You must have the Acknowledgment of Satisfaction of judgment (EJ-100) served on the judgment debtor by someone over 18 who is not a party to the case. Be sure the judgment debtor receives all the original, notarized copies he or she will need to release all of the liens you placed on his or her property. A Notary Public verifies only the identity of the individual who signed the document, not the truthfulness, accuracy, or validity of that document.

6 Be sure to bring a valid ID with you, such as a driver s license or passport. The Notary will verify your identity, witness your signature, and then affix his or her seal to the document. You can find a notary at your bank, a mailing service, or in the Yellow Pages. ABOUT Acknowledgment of Satisfaction of judgment >>Home >>Law 101 3 Many creditors find it helpful to include a cover letter, explaining to the judgment debtor that he or she is responsible for removing liens from their own property, and providing a list of all the liens you placed during the collection process. A sample letter is included at the end of this Guide. Service may be made in person or by mail. The server (not you!) must complete a proof of service form, either a Proof of Personal Service (POS-020) or a Proof of Service by First Class Mail (POS-030). For more information on these Proofs of Service, see the Guides on our website at and , respectively.

7 Make two photocopies of the signed proof of service. Step 5: Filing File two photocopies of the Acknowledgment of Satisfaction of judgment (EJ-100) and signed Proof of Service in the drop box in Room 102 at the Gordon D. Schaber Courthouse at 720 Ninth Street, along with a self-addressed, stamped envelope so that the court may return a copy stamped Endorsed/Filed to you. FOR MORE INFORMATION At the Law Library: California Practice Guide: Enforcing judgments and Debts KFC 1065 .A9 S3 Electronic Access: On the Law Library s computers, using WestlawNext. Debt Collection Practice in California KFC 256 .C83 Electronic Access: On the Law Library s computers, using OnLaw. How to Collect When You Win a Lawsuit in California KFC 1065 .Z9 H69 (Reference) Matthew Bender Practice Guide: California Debt Collection and Enforcement of judgments KFC 1065 .E5 M38 Electronic Access: On the Law Library s computers, using Lexis Advance.

8 H:\public\LRG-SBS\SbSs\ Acknowledgement Satisfaction \SBS Ack updated 12/20 mpj IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON T HESITATE TO ASK A REFERENCE LIBRARIAN. Acknowledgment of Satisfaction of judgment >>Home >>Law 101 4 ATTACHMENTS: FORMS AND INSTRUCTIONS The Judicial Council form commonly used in this procedure is: Acknowledgment of Satisfaction of judgment (EJ-100) Download the blank form from this link or Many creditors find it helpful to include a cover letter, explaining to the judgment debtor that he or she is responsible for removing liens from their property, and providing a list of all the liens you placed during the collection process. A sample filled-in form with instructions and a sample cover letter are available at the end of this Guide. Acknowledgment of Satisfaction of judgment >>Home >>Law 101 5 Insert your name, address, and phone number.

9 Check the box for Judgment Creditor. Case number. Name and address of judgment debtor. If you recorded an Abstract of judgment , this must match your Abstract exactly. Name and address of judgment creditor. If you recorded an Abstract of judgment , this must match your Abstract exactly. Date of judgment . Check the appropriate boxes. If partial Satisfaction , enter the total amount collected to date. If an installment judgment, enter the date of last installment payment. Enter court name, address, and branch where you will be filing. Parties as listed in the original case. Complete if you recorded an Abstract of judgment . Complete if Notice of judgment Lien was filed with the Secretary of State. Check the appropriate box. DO NO SIGN UNTIL YOU ARE IN FRONT OF A NOTARY Acknowledgment of Satisfaction of judgment >>Home >>Law 101 6 SAMPLE LETTER TO DEBTOR December 19, 2013 Doug J.

10 Debtor 11 Main St. #22 Sacramento, CA 95814 Dear Mr. Debtor, Enclosed are two original notarized copies of the Acknowledgment of Satisfaction of judgment I filed with the Sacramento County Superior Court on September 24, 2013. The document informs the court that you have paid the judgment in full. Several years ago, I recorded a lien against your real property in Sacramento County. In order to release this lien, you will need to record one of the enclosed copies of the Acknowledgment of Satisfaction of judgment with the Sacramento County recorder s office. Until this document is recorded, Sacramento County s property records will continue to show a lien against your property. Sincerely, Calvin J. Creditor


Related search queries